XN000022-1979-11-15 — Page 21

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THURSDAY, NOVEMBER 15, 1979

IMPORT AND EXPORT (AMENDMENT) BILL 1979

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THE IMPORT AND EXPORT (AMENDMENT) BILL 1979 WHICH AIMS TO EXEMPT FROM INCLUSION IN CARGO MANIFESTS ANY ARTICLE CONTAINED IN THE PERSONAL BAGGAGE OF, OR CARRIED BY, PASSENGERS ENTERING OR LEAVING HONG KONG, WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (THURSDAY).

MOVING THE SECOND READING OF THE BILL, THE ACTING DIRECTOR OF TRADE, INDUSTRY AND CUSTOMS, THE HON. LAWRENCE MILLS SAID: +AS THE LAW STANDS AT PRESENT, ONLY ITEMS REQUIRED FOR THE PERSONAL USE OF PASSENGERS NEED NOT BE LISTED IN CARGO MANIFESTS.

IN PRACTICE, HOWEVER, MANY PASSENGERS BRING IN GOODS WHICH ARE NOT FOR THEIR PERSONAL USE BUT WHICH ARE RARELY, IF EVER, MANIFESTED. CONSEQUENTLY, EVEN THOUGH THEY ORALLY DECLARE SUCH GOODS AND PAY WHATEVER FEES MAY BE APPROPRIATE, THEY ARE, IN EFFECT, IMPORTING UNMANIFESTED CARGO AND ARE TECHNICALLY IN BREACH OF THE LAW.

THE PURPOSE OF THE BILL IS TO CLEAR THIS POINT, AND MR. MILLS SAID THE CONTROLS PROVIDED IN THE IMPORT AND EXPORT ORDINANCE WERE INTENDED TO PROTECT THE ECONOMIC INTERESTS OF HONG KONG AND HELP SAFEGUARD THOSE OF THE SHIPPING AND AIRLINE COMPANIES.

*IN FACT, HOWEVER, SUCH INTERESTS ARE IN NO WAY JEOPARDISED AS A RESULT OF GOODS, PROPERLY DECLARED, BEING IMPORTED AND EXPORTED BY PASSENGERS. IN THE CIRCUMSTANCES, IT SEEMS UNREASONABLE THAT A PERSON SHOULD RENDER HIMSELF LIABLE TO PROSECUTION BY OPENLY DECLARING THAT HE IS CARRYING GOODS SOLELY BECAUSE THOSE GOODS ARE NOT LISTED ON A MANIFEST, HE SAID.

THE PROPOSED AMENDMENT WOULD EXCLUDE FROM THE DEFINITION OF +CARGO ANY ARTICLE WHICH A PASSENGER MAY CARRY OR HAVE IN HIS PERSONAL BAGGAGE. THIS IN TURN WOULD REMOVE THE NEED FOR SUCH ARTICLES TO BE LISTED IN CARGO MANIFESTS AND, PROVIDED PASSENGERS PROPERLY DECLARE THE GOODS AND PAY THE APPROPRIATE FEES, THEY WILL NO LONGER BE IN BREACH OF THE LAW,

DEBATE ON THE BILL WAS ADJOURNED.

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